With the resumption of the current legislative session on August 12, 2019, the a California Senate Committee briefly considered AB 5, the legislature’s purported solution to the California Supreme Court's opinion in Dynamex v. Superior Court.
Recent case law on the distinction between an employee and independent contractor for wrongful dismissal purposes would suggest that even if the court does not find the individual to be an employee, it might nonetheless apply an intermediate status.
AB 5, currently pending in the California legislature, would impose the “ABC” test on California businesses and workers, dramatically altering the legal standards applied in evaluating whether a worker is an employee or an independent contractor.
Although most state legislatures have adjourned for 2019 or are in recess, those still in active session finalized several new employment laws in July.
A recent Supreme Court of Canada decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor.
The Nevada Legislature had a busy 80th session in 2019, enacting a vast array of new laws affecting employers. This article briefly discusses several key developments that are in effect or will become effective in the State of Nevada.
In the most recent development in the Dynamex saga, the California Supreme court will now decide whether the new test should be given retroactive, or only prospective, application.
In 2018, the Supreme Court of California turned much of the established law regarding worker classification on its head with its decision in Dynamex Operations West Inc. v. Superior Court.
On July 10, 2019, a California Senate Committee advanced a proposed legislative response to the California Supreme Court's opinion in Dynamex, which abruptly and drastically altered the legal landscape for independent contractor relationships.